Deed of foundation

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Sir Richard Hutton of Goldsburgh, kt., justice of the court of common pleas at Westminster, Sir Humphrey Davenport, kt., justice of the court of common pleas at Westminster, of Sutton, Ches., and Roger Downes of Wardley, Lancs., esq.; Edmund Cooper, lord mayor of York, and Thomas Peighen and John Myers, sheriffs of York, and Thomas Hesketh of Heslington, esq.; John Jaques of York, Adrian Salkeld, Brian Singleton, Michael Morthwaite, William Penrose, William Preston, Ewan Wilson, William Dodgeson, and Jane Browne, widow.
Recalls intention of late Sir Thomas Hesketh of Heslington, attorney of the court of wards and liveries and member of the council of the north, to establish a hospital for a master, seven brethren, and one sister at Heslington, the master receiving a yearly stipend of £6 13s 4d, the others £5 each p.a., the money being derived from the rents of the Castle Mills, which were to form the endowment of the hospital following the death of dame Juliana, Hesketh's widow, who had a life interest therein. The fulfillment of the scheme had been prevented by Hesketh's death, although he had desired it to be completed posthumously, and had appointed Sir Cuthbert Pepper, kt., then surveyor of the court of wards, and now deceased, together with Hutton, to oversee the project. Following Hesketh's death, his widow had erected the hospital buildings at Heslington, and gave the land. The hospital and the mills had then been assigned to Sir Ranulph Crewe, kt. (then known as Randall Crewe of Lincolns Inn, esq.) and dame Juliana (then remarried to Crewe) for her life, being thereafter to pass to Hutton (then known as Richard Hutton of Goldsburgh, serjeant at law) and Davenport (then known as Humphrey Davenport of Manchester, Lancs., esq.), and Downes, Henry Tophan of York, esq., and Robert Dewhurst and Henry Southworth (these last three being now deceased) as set out in two common recoveries, made in Michaelmas Term, 8 James I, and enrolled in Michaelmas Term, 1 Chas. I, and the exemplification thereof. They were to act as trustees for the hospital, according to the purpose and provisions of agreement Dame Juliana had since died, therefore Hutton, Davenport, and Downes, as survivors of the trustees, were now in possession of the hospital and the mills.
Hospital called Sir Thomas Hesketh's Hospital, now established, according to the provisions of 39 Eliz. I c.5, and 21 Jac. I c.1. Jaques is appointed first master, the others as the brethren and sister. The hospital is to be a corporate body, but its income from lands is not to exceed £200 p.a. clear of charges, and none of the lands are to be held of the crown in chief or by knight service. As a corporate body it may participate in lawsuits. The hospital shall also have its own common seal.
The property of the hospital is hereby conveyed to the master, brethren, and sister. The mills were late in the tenure of William Wharton, and formerly belonged to St Leonard's Hospital, York. Hesketh had acquired them from the crown by grant dated 9 March 1603/4. They were to be held of the crown in fealty only, as of the manor of East Greenwich. The arrangements for leases of the mills, at rent of £50 p.a. clear of charges, and for payments to members of the hospital, to be as set out in YM/D/HH/8
One copy of the indenture to stay with the hospital, another with Hutton and Davenport [this copy], and the third with the city muniments.

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YM/D/HH/8 and YM/D/HH/9

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